Miss Chen joined a material processing factory , As an ordinary employee , The usual work is also relatively relaxed . One day , Miss Chen is at work , Just finished the work on your head , It feels like nothing , Just a few messages from my friend , So he chatted with his friends happily .
I'm having a good chat with my friends , It happened to be seen by the leader of the company , So the leader is in the eye , Leaders are also smart , She secretly recorded the whole process of Miss Chen playing with her mobile phone , After recording, I called Miss Chen to the office ......
The leader told Miss Chen that ： You have violated the company's rules and regulations in the process of going to work , Playing with mobile phones without permission , Now I follow the company's rules and regulations , I'm going to fire you , Miss Chen is very unhappy at this time .
Miss Chen retorted that ： I admit it's wrong for me to play with my cell phone at work , I should be punished , But I think before I play with my cell phone , I've finished the work on my hands , And it didn't cause any loss to the company , Your company criticized me , I totally accept , But you terminate the labor contract on this ground , Come and fry me , You are obviously illegal in disguise , It's illegal .
At this time, the leader told Miss Chen ： Don't be unconvinced , We do have such rules and regulations , Our rules and regulations clearly state that , If it is found that when an employee goes to work , If you play with mobile phones , The company in the factory has the right to dismiss its employees .
After listening, Miss Chen said , Your rules and regulations , I've never seen , I haven't heard you talk about , This certainly has no legal effect , For this reason , If you insist on terminating the labor contract , Fired me in disguise , I'm sure I'll go to the labor bureau to fight this lawsuit , Go to labor arbitration , Protect my own rights and interests .
Okay , Here, let's analyze for Miss Chen , Miss Chen was expelled for playing with her mobile phone at work , You think it's reasonable or not ？ Legal or illegal ？
Let's take a detailed look at some legal provisions concerning rules and regulations
《 Labor contract law 》
Article 4. Employers should establish and improve labor rules and regulations according to law , To protect the workers' right to work 、 Fulfill labor obligations . The employer is making 、 Revise or decide on labor remuneration 、 working hours 、 Take a break 、 Labor safety and health 、 Insurance benefits 、 training of workers and staff 、 When the quota is directly related to the vital interests of labor management , It should be discussed by the workers' Congress or all the staff and workers , Put forward plans and opinions , Negotiate with the trade union or employee representatives on an equal footing .
In the implementation of rules and regulations and major decisions , What the trade union or the workers think is inappropriate , Have the right to ask the employer for , To modify and perfect through negotiation .
The employer shall publicize the rules and regulations and major decisions directly related to the vital interests of workers , Or tell the worker .
Article 39 A labourer is under any of the following circumstances , The employer may rescind the labor contract ：
（ Two ） Seriously violating the rules and regulations of the employing unit ;
From the above legal provisions, we can see that , if , Employers are making decisions involving workers , Labor discipline 、 Labor remuneration and other vital interests , Or the rules and regulations of other important matters , It has to go through a democratic process , And through the corresponding publicity procedures , The corresponding rules and regulations of labor shall be informed to the laborer , The rules and regulations will be effective .
According to the law , Only the workers in serious violation of the rules and regulations , The employer has the right to terminate the labor contract .
In this case , Miss Chen is in the process of going to work , Although there are mobile phone games , But this is just the first time , And it didn't have any serious impact on the company , Regarding this , In fact, the company criticized Miss Chen , No problem , But it has not reached the situation of serious violation of labor rules and regulations .